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Thomas Judge, Lawyer

Category: Property Law

Satisfied Customers: 32826

Experience: Over 20 years experience

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I am in conflict with my neighbour over what constitutes a

Customer Question

I am in conflict with my neighbour over what constitutes a fence. He is asking me to contribute to the cost of repairing a supporting wall to keep a raised garden from slipping down in two directions. the wall is made from railway sleepers which are not anchored. He claims that the wall is part of the boundary fence put up by the builder. There is nothing in the deeds to identify who is responsible for the fence and we assumed it was a joint responsibility and have repaired the fence previously. We recently decided to do away with parts of the fence and grow hedges instead. By disturbing the soil next to this wall he has caused the top layer of the wall to be pushed to the point that it will fall into my garden. Will it be cheaper to take him to the county court to get to get him to repair it or pay say £70 to towards the cost?

Let me see if I can help. It would be cheaper to pay &pound;70 towards the cost of the fence in all honesty and be more beneficial. You can take the matter to the small claims court for resolution - the whole process will take about 3 months and you will obviously need to send information to the court. But you will also have to advise any potential buyer of this 'neighbour dispute' should you decide to sell in the future. Hence often easier to just but the bullet and pay. I hope that this helps. Please rate positively - thanks

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